Shipkevich counsels futures, commodities, derivatives and foreign exchange businesses on compliance with rules and regulations enacted by the Dodd-Frank Act. Our attorneys alert clients to new and amended legislation, advise them on developing compliance procedures with regard to registration categories, associated fees, trader reporting policies, and counsel them on other regulations affecting swaps, SEFs, MSPs, OTC derivatives brokers, IBs, FCMs, CTAs, and CPOs.
Shipkevich’s Dodd-Frank regulatory services include:
- Register Swap Dealers and Major Swap Participants with the CFTC and NFA.
- Assist with preparing, drafting, and negotiating policies and procedures to monitor trading to prevent violations of applicable positions limits.
- Advise on risk management procedures for day-to-day business management.
- Act as intermediary between CFTC and swap entity when disclosing general information related to swaps trading, practices, and financial integrity.
- Counsel on conflict of interest policies and internal procedures to promote compliance with Commission regulations.
- Develop procedures for maintaining business and swaps records for full disclosure to regulatory agencies.
- Assist Futures Commission Merchants with registering with the CFTC and NFA.
- Advise on financial filing procedures, anti-money laundering procedures, business continuity and disaster recovery procedures, promotional materials procedure, and electronic order routing system procedures.
- Draft and negotiate supervision procedures as well as margin and segregation policies.
- Interpret position limits for futures contracts and assist firms with implementing speculative position limits.
- Counsel Introducing Brokers on registering with the CFTC and NFA.
- Advise on compliance requirements, including financial filing and net capital requirements, anti-money laundering procedures, business continuity and disaster recovery procedures, promotional material procedures, and supervision procedures.
- Draft and negotiate customer complaint procedures and counterparty agreements.
- Advise on compliance requirements for introducing brokers operating as foreign exchange firms.
- Register Commodity Pool Operators and Commodity Trading Advisors with the CFTC and NFA.
- Draft and negotiate in-house procedures to account for market risk, credit risk, liquidity risk, foreign currency risk, legal risk, operational risk, settlement risk, and all other relevant risk.
- Alert clients to new regulatory legislation as it is approved, assisting with implementing procedures for emerging legislation, overviewing and advising on current compliancy procedures to ensure they are up to date on new developments in CFTC and NFA regulations.